Tom Campbell

(1938 - 2019)

The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes.Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of MNCs can be taken to include support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny.

The book examines ethics and employment issues in contemporary Human Resource Management (HRM). Written by an international team of academics from universities in the UK, the US, Australia and New Zealand, it examines the problems and opportunities facing employers and employees. The book subdivides into three sections: Part I assesses the context of HRM; Part II analyses contemporary debates, continuity and change in HRM, and Part III proposes likely developments for the future seeking to identify a more proactive HRM approach towards ethical issues arising in employment. Distinctive features include: -Comprehensive analysis of continuity and change in employment and HRM -In-depth assessment of the ethical contribution and potential of HRM -Timely evaluation of the ethical achievements to-date of HRM in: individualized employment relations, HRM partnerships, HRM and employee performance, and strategic HRM -Detailed recommendations for HR managers and general managers encouraging more ethically aware practice -Guidance on ethical approaches to leadership, knowledge management and collective employment relations -Analysis of alternative futures for HRM as a profession and advice on how to create more rigorous and independent professional practice -A vision of a more innovative, cooperative and ethically sensitive set of HRM practices -Clear proposals for HRM on how to attain more ethical conduct

Controversy surrounds the 'intrusion of the discourse of rights into workplace relationships. This is explored by examining the nature of rights through the analysis of the idea of a 'right to manage'. Purported justifications of the right to manage in terms of either property or contract are shown to be inadequate, thus illustrating the need to incorporate a degree of consequentialism in the articulation and justification of rights. The value of a rights-approach is argued to lie in the identification of the morally relevant interests ajfected by management decisions and the correlative obligations of those involved in the workplace, rather than in the introduction of a special set of moral considerations distinctively connected with the idea of rights.

After dealing with some methodological and definitional questions aimed at justifying its focus on bringing out the practical consequences of adopting democracy as a human right, in Part 3 the paper outlines and criticises arguments commonly made against having such a human right. It distinguishes between those arguments that deal with: alleged conceptual inadequacies, such as that democracy does not satisfy defining criteria for human rights, such as universality, importance and intrinsic worth, political doubts relating to the practicality of ‘self-determination’ and the acceptability of international intervention on the grounds of democratic deficits, and weaknesses and inconsistencies relating to the legal implementation of democracy, such as the problem of having democracy as a human right when a function of human rights is to limit democracy and, in international law, the reluctance to adopt measures against non-democratic regimes. The paper questions these arguments individually, and points out that, if sound, they would exclude several generally accepted human rights. This exposes a pattern of unjustified discrimination against the idea that democracy is or ought to be a human right.

Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights.